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DLCD v. JEFFERSON COUNTY

2007177; A138022.

188 P.3d 313 (2008)

220 Or. App. 518

DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT, Respondent, v. JEFFERSON COUNTY, Respondent, and Jerry Burk, Petitioner.

Court of Appeals of Oregon.

Decided June 18, 2008.

Attorney(s) appearing for the Case

Edward P. Fitch, Redmond, argued the cause for petitioner. With him on the brief was Bryant, Emerson & Fitch, LLP.

Denise G. Fjordbeck, Senior Assistant Attorney General, argued the cause for respondent Department of Land Conservation and Development. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

No appearance for respondent Jefferson County.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

In this land use case, a property owner obtained Ballot Measure 37 (2004) "waivers" of applicable state and local land use regulations that had restricted the development of his property. ORS 197.352 (2005). He then filed an application with Jefferson County to develop the property. While the application was pending, he died. Petitioner was appointed the personal representative of the estate and pursued the Jefferson County development application, which...

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